Acórdão nº 9510479 de Court of Appeal of Porto (Portugal), 24 de Janeiro de 1996
Magistrado Responsável | BAIÃO PAPÃO |
Data da Resolução | 24 de Janeiro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL.
Legislação Nacional: CCIV66 ART1874 N2 ART1878. CP82 ART71 ART197 N2. CP 95 ART2 N4 ART40 ART50 ART51 N2 ART70 ART250 N1.
Sumário: I - Configura o crime previsto e punido pelo artigo 197 n.2, do Código Penal de 1982 ( a que corresponde actualmente o artigo 250 n.1, do Código Penal de 1995 ), a conduta do arguido que, tendo sido condenado em 1992, nos autos de regulação do exercício do poder paternal, a entregar mensalmente à mãe dos filhos menores de ambos a quantia de 20 contos, a título de alimentos devidos a estes, não o tem feito, apesar de dispor de condições económicas para o fazer - o arguido vive em casa dos seus progenitores, não despendendo qualquer quantia com a sua alimentação, habitação e vestuário, e é marceneiro recebendo semanalmente a quantia de 10 contos - perfazendo o total da dívida 560 contos, sabendo ele que a mãe dos menores, que aufere mensalmente 60 contos, como empregada de escritório, não dispõe de condições económicas para fazer face às despesas decorrentes da satisfação das necessidades alimentícias daqueles; II - No conceito de terceiro, para efeitos do citado artigo 197, não pode ser incluída a própria mãe dos menores, já que co-obrigada com o arguido...
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